NRS 389.011 Administration
of examinations to pupils who are limited English proficient; State Board
required to prescribe modifications and accommodations; administration in
language other than English required under certain circumstances; assessment of
proficiency in English language.

NRS 389.0115 Administration
of examinations to pupils with disabilities; modifications and accommodations
required for certain pupils; State Board required to prescribe alternate
examination.

NRS 389.015 Administration
and scoring; transmission of results; effect of failure to pass; certain
exceptions for child transferred due to military transfer of parent;
confidentiality of examinations. [Repealed.]

NRS 389.016 Postponement
of administration of examination in mathematics and science for pupil enrolled
in grade 10; revision of pupil’s academic plan; annual report by school
district. [Repealed.]

NRS 389.017 Reporting
of results of examinations; reconciliation of number of pupils taking
examinations. [Repealed.]

NRS 389.0173 Development
of informational pamphlet concerning examination by Department; duties of
school districts and charter schools to post pamphlet and distribute to pupils
and parents. [Replaced in revision by NRS 389.809.]

NRS 389.0175 Establishment
of statewide program for preparation of pupils to take examination; compliance
with program required of school districts and certain schools; use of
additional materials and information. [Repealed.]

NRS 389.0185 Establishment
of courses of study; provisions governing cardiopulmonary resuscitation and
automated external defibrillator for health course in middle school, junior
high school and high school.

NRS 389.0187 Development
of model curriculum for English language arts and mathematics; distribution;
authorized use by teachers and regional training programs for professional
development.

NRS 389.019 Enforcement
of standards and courses of study by trustees.

NRS 389.520 Council
to Establish Academic Standards: Establishment of standards; periodic review of
standards; adoption of standards by State Board; establishment of policy for
ethical, safe and secure use of computers.

NRS 389.530 Council
to Establish Academic Standards: Duty of Department to provide support;
assistance from other state agencies.

NRS 389.540 Review
of courses of study to determine compliance with standards.

NRS 389.616 Adoption
and enforcement of plan for test security by Department; contents of plan;
annual submission of plan to State Board and Legislative Committee on
Education.

NRS 389.620 Adoption
and enforcement of plan for test security by board of trustees; contents of
plan; annual submission of plan to State Board and Legislative Committee on
Education; written notice concerning plan to educational personnel, pupils and
parents; definitions.

NRS 389.624 Violation
of state or district plan: Duty of Department to investigate; authority of
Department to issue subpoenas; enforcement of subpoena by court.

NRS 389.628 Violation
of district plan: Duty of board of trustees to investigate or refer to
Department; authority of board of trustees to issue subpoenas; enforcement of
subpoena by court.

NRS 389.632 Certain
schools required to provide for additional administration of examinations if
consecutive irregularities in testing administration occur; school district or
charter school required to pay costs of additional administration;
determination and notice by Department.

NRS 389.636 Plan
for corrective action required of school or school district in response to
irregularity in testing administration or security; notice by Department;
establishment by Department of procedures to document corrective action;
amendment of plan.

NRS 389.644 Establishment
of program of education and training regarding administration and security of
examinations and assessments; expanded program authorized; school districts and
charter schools required to ensure educational personnel receive program of
education and training.

NRS 389.648 Establishment
of procedures for uniform documentation and maintenance of irregularities in
testing administration and security; maintenance by Department of written
summary for each irregularity; annual report by Department required.

GRADUATION AND DIPLOMAS

NRS 389.805 State
Board required to prescribe criteria for standard high school diploma;
end-of-course examinations and college and career readiness assessment;
exception for certain pupils with disabilities; prohibition to issue
certificate of attendance.

NRS 389.807 State
Board required to select college and career readiness assessment for grade 11;
requirement of pupil to take assessment; results not used for receipt of
diploma; use of results to provide data and information for pupil.

NRS 389.809 Department
required to develop informational pamphlet concerning end-of-course
examinations and college and career readiness assessment; duties of school
districts and charter schools to post pamphlet and distribute to pupils and
parents.

NRS 389.810 Issuance
of standard high school diploma to certain veterans who left high school to
serve in Armed Forces.

MISCELLANEOUS PROVISIONS

NRS 389.900 Enforcement
of contractual penalties or sanctions for failure to deliver results of
examinations on timely basis.

_________

NOTE: Section 10.5 of chapter 463, Statutes
of Nevada 2009, at p. 2616, has been codified as NRS 392C.070.

_________

GENERAL PROVISIONS

NRS 389.004Maintenance of Internet website by school districts containing
information on available examinations and assessments.The
board of trustees of each school district shall maintain on its Internet
website, and shall post in a timely manner, all pertinent information
concerning the examinations and assessments available to children who reside in
the school district, including, without limitation, the dates and times of, and
contact information concerning, such examinations and assessments. The
examinations and assessments posted must include, without limitation:

1. The college and career readiness assessment
administered pursuant to NRS 389.807.

3. All other college entrance examinations
offered in this State, including, without limitation, the Scholastic Aptitude
Test, the American College Test, the Preliminary Scholastic Aptitude Test and
the National Merit Scholarship Qualifying Test.

DISTRICT-WIDE EXAMINATIONS; PUPILS WHO ARE LIMITED ENGLISH
PROFICIENT AND PUPILS WITH DISABILITIES; NATIONAL EXAMINATIONS

NRS 389.006Limitation on administration; periodic review.

1. In addition to any other test, examination
or assessment required by state or federal law, the board of trustees of each
school district may require the administration of district-wide tests,
examinations and assessments that the board of trustees determines are vital to
measure the achievement and progress of pupils. In making this determination,
the board of trustees shall consider any applicable findings and
recommendations of the Legislative Committee on Education.

2. The tests, examinations and assessments
required pursuant to subsection 1 must be limited to those which can be
demonstrated to provide a direct benefit to pupils or which are used by
teachers to improve instruction and the achievement of pupils.

3. The board of trustees of each school
district and the State Board shall periodically review the tests, examinations
and assessments administered to pupils to ensure that the time taken from
instruction to conduct a test, examination or assessment is warranted because
it is still accomplishing its original purpose.

NRS 389.011Administration of examinations to pupils who are limited English
proficient; State Board required to prescribe modifications and accommodations;
administration in language other than English required under certain
circumstances; assessment of proficiency in English language.

1. The board of trustees of each school
district and the governing body of each charter school shall ensure that each
pupil who is limited English proficient and is enrolled in the school district
or charter school, as applicable, participates in the achievement and
proficiency examinations administered pursuant to this chapter. The State Board
shall prescribe reasonable modifications and accommodations that must be used
in the administration of an examination to a pupil who is limited English
proficient and who is unable to take an examination under regular testing
conditions. The results of each pupil who is limited English proficient and who
takes an examination with modifications and accommodations must be reported and
included within the determination of whether the school has met the annual
measurable objectives and performance targets established pursuant to the
statewide system of accountability for public schools.

2. The board of trustees of a school
district and the governing body of a charter school shall administer to a pupil
who is limited English proficient:

(a) To the extent practicable, examinations in
mathematics and science required by subsection 1 in the language most likely to
yield accurate and reliable information on what the pupil knows.

(b) To the extent practicable, examinations in
reading required by subsection 1 in the language most likely to yield accurate
and reliable information on what the pupil knows if the pupil has attended
public schools in the United States for less than 3 consecutive years.

(c) If the pupil has attended public schools in
the United States for 3 consecutive years but less than 5 consecutive years:

(1) Examinations in reading required by
subsection 1 in the English language; or

(2) Examinations in reading required by
subsection 1 in the language most likely to yield accurate and reliable
information on what the pupil knows if the board of trustees or the governing
body, as applicable, determines that the pupil has not reached a level of
English proficiency sufficient to yield valid and reliable information on what
the pupil knows. The board of trustees or the governing body of a charter
school, as applicable, may grant exceptions for a particular pupil pursuant to
this subparagraph, on a case-by-case basis, for a period not longer than 2
consecutive years.

(d) If the pupil has attended public schools in
the United States for 5 consecutive years or more, examinations in reading
required by subsection 1 in the English language.

3. The State Board shall prescribe an
assessment of proficiency in the English language for pupils who are limited
English proficient to measure oral language skills, comprehension skills,
reading skills and writing skills. The board of trustees of each school
district and the governing body of each charter school shall administer the assessment
annually at the time prescribed by the State Board. A pupil who takes the
assessment prescribed pursuant to this subsection is not exempt from the
achievement and proficiency examinations administered pursuant to this chapter.

NRS 389.0115Administration of examinations to pupils with disabilities;
modifications and accommodations required for certain pupils; State Board
required to prescribe alternate examination.

1. If a pupil with a disability is unable
to take an examination administered pursuant to NRS
389.550 or 389.805 under regular testing
conditions, the pupil may take the examination with modifications and
accommodations that the pupil’s individualized education program team
determines, in consultation with the Department and in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the
No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., are necessary to
measure the progress of the pupil. If modifications or accommodations are made
in the administration of an examination for a pupil with a disability, the
modifications or accommodations must be set forth in the pupil’s individualized
education program. The results of each pupil with a disability who takes an
examination with modifications or accommodations must be reported and must be
included in the determination of whether the school has met the annual
measurable objectives and performance targets established pursuant to the
statewide system of accountability for public schools.

2. The State Board shall prescribe an
alternate examination for administration to a pupil with a disability if the
pupil’s individualized education program team determines, in consultation with
the Department, that the pupil cannot participate in all or a portion of an
examination administered pursuant to NRS 389.550 or
389.805 even with modifications and accommodations.

3. The State Board shall prescribe, in
accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§
1400 et seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et
seq., the modifications and accommodations that must be used in the
administration of an examination to a pupil with a disability who is unable to
take the examination under regular testing conditions.

4. As used in this section:

(a) “Individualized education program” has the
meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

(b) “Individualized education program team” has
the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

NRS 389.012Examinations of National Assessment of Educational Progress;
regulations requiring selected schools to participate; report of results;
report of discrepancies.

1. The State Board shall:

(a) In accordance with guidelines established by
the National Assessment Governing Board and National Center for Education
Statistics and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations
adopted pursuant thereto, adopt regulations requiring the schools of this State
that are selected by the National Assessment Governing Board or the National
Center for Education Statistics to participate in the examinations of the
National Assessment of Educational Progress.

(b) Report the results of those examinations to
the:

(1) Governor;

(2) Board of trustees of each school
district of this State;

(3) Legislative Committee on Education
created pursuant to NRS 218E.605; and

(4) Legislative Bureau of Educational
Accountability and Program Evaluation created pursuant to NRS 218E.625.

(c) Include in the report required pursuant to
paragraph (b) an analysis and comparison of the results of pupils in this State
on the examinations required by this section with:

(1) The results of pupils throughout this
country who participated in the examinations of the National Assessment of
Educational Progress; and

(2) The results of pupils on the
achievement and proficiency examinations administered pursuant to this chapter.

2. If the report required by subsection 1
indicates that the percentage of pupils enrolled in the public schools in this
State who are proficient on the National Assessment of Educational Progress
differs by more than 10 percent of the pupils who are proficient on the
examinations administered pursuant to NRS 389.550
and the examinations administered pursuant to NRS
389.805, the Department shall prepare a written report describing the
discrepancy. The report must include, without limitation, a comparison and
evaluation of:

(a) The standards of content and performance for
English and mathematics established pursuant to NRS
389.520 with the standards for English and mathematics that are tested on
the National Assessment.

(b) The standards for proficiency established for
the National Assessment with the standards for proficiency established for the
examinations that are administered pursuant to NRS
389.550 and the examinations administered pursuant to NRS 389.805.

3. The report prepared by the Department
pursuant to subsection 2 must be submitted to the:

(a) Governor;

(b) Legislative Committee on Education;

(c) Legislative Bureau of Educational
Accountability and Program Evaluation; and

(d) Council to Establish Academic Standards for
Public Schools.

4. The Council to Establish Academic
Standards for Public Schools shall review and evaluate the report provided to
the Council pursuant to subsection 3 to identify any discrepancies in the
standards of content and performance established by the Council that require
revision and a timeline for carrying out the revision, if necessary. The
Council shall submit a written report of its review and evaluation to the
Legislative Committee on Education and Legislative Bureau of Educational
Accountability and Program Evaluation.

NRS 389.015Administration and scoring; transmission of results; effect of
failure to pass; certain exceptions for child transferred due to military
transfer of parent; confidentiality of examinations.Repealed.
(See chapter 506, Statutes of Nevada 2013, at page 3295.)

NRS 389.016Postponement of administration of examination in mathematics and
science for pupil enrolled in grade 10; revision of pupil’s academic plan;
annual report by school district.Repealed.
(See chapter 506, Statutes of Nevada 2013, at page 3295.)

NRS 389.017Reporting of results of examinations; reconciliation of number
of pupils taking examinations.Repealed.
(See chapter 506, Statutes of Nevada 2013, at page 3295.)

NRS 389.0173Development of informational pamphlet concerning examination by
Department; duties of school districts and charter schools to post pamphlet and
distribute to pupils and parents.[Replaced
in revision by NRS 389.809.]

NRS 389.0175Establishment of statewide program for preparation of pupils to
take examination; compliance with program required of school districts and
certain schools; use of additional materials and information.Repealed. (See chapter 506, Statutes of Nevada
2013, at page 3295.)

ACADEMIC SUBJECTS, INSTRUCTION AND COURSES OF STUDY

NRS 389.018Designation of core academic subjects; minimum units of credit
required in high school; exception; additional subjects to be taught.

1. The following subjects are designated
as the core academic subjects that must be taught, as applicable for grade
levels, in all public schools, the Caliente Youth Center, the Nevada Youth
Training Center and any other state facility for the detention of children that
is operated pursuant to title 5 of NRS:

(a) English, including reading, composition and
writing;

(b) Mathematics;

(c) Science; and

(d) Social studies, which includes only the
subjects of history, geography, economics and government.

2. Except as otherwise provided in this
subsection, a pupil enrolled in a public high school must enroll in a minimum
of:

(a) Four units of credit in English;

(b) Four units of credit in mathematics,
including, without limitation, Algebra I and geometry, or an equivalent course
of study that integrates Algebra I and geometry;

(c) Three units of credit in science, including
two laboratory courses; and

(d) Three units of credit in social studies,
including, without limitation:

(1) American government;

(2) American history; and

(3) World history or geography.

Ê A pupil is
not required to enroll in the courses of study and credits required by this
subsection if the pupil, the parent or legal guardian of the pupil and an
administrator or a counselor at the school in which the pupil is enrolled
mutually agree to a modified course of study for the pupil and that modified
course of study satisfies at least the requirements for a standard high school
diploma or an adjusted diploma, as applicable.

3. Except as otherwise provided in this
subsection, in addition to the core academic subjects, the following subjects
must be taught as applicable for grade levels and to the extent practicable in
all public schools, the Caliente Youth Center, the Nevada Youth Training Center
and any other state facility for the detention of children that is operated
pursuant to title 5 of NRS:

(a) The arts;

(b) Computer education and technology;

(c) Health; and

(d) Physical education.

Ê If the State
Board requires the completion of course work in a subject area set forth in
this subsection for graduation from high school or promotion to the next grade,
a public school shall offer the required course work. Except as otherwise
provided for a course of study in health prescribed by subsection 1 of NRS 389.0185, unless a subject is required for
graduation from high school or promotion to the next grade, a charter school is
not required to comply with this subsection.

NRS 389.0185Establishment of courses of study; provisions governing
cardiopulmonary resuscitation and automated external defibrillator for health
course in middle school, junior high school and high school.

1. The State Board shall adopt regulations
establishing courses of study and the grade levels for which the courses of
study apply for:

(a) The academic subjects set forth in NRS 389.018. A course of study in health prescribed
pursuant to paragraph (c) of subsection 3 of NRS
389.018 must, to the extent money is available for this purpose, for pupils
enrolled in middle school, junior high school or high school, including,
without limitation, pupils enrolled in those grade levels at a charter school,
include instruction in:

(1) The administration of hands-only or
compression-only cardiopulmonary resuscitation, including a psychomotor
skill-based component, according to the guidelines of the American Red Cross or
American Heart Association; and

(2) The use of an automated external
defibrillator.

(b) Citizenship and physical training for pupils
enrolled in high school.

Ê A course of
study established for paragraph (a) may include one or more of the subjects
listed in paragraphs (b) to (i), inclusive.

2. If a course of study in health in
middle school, junior high school or high school includes instruction in
cardiopulmonary resuscitation and the use of an automated external defibrillator:

(a) A teacher who provides the instruction is not
required to hold certification in the administration of cardiopulmonary
resuscitation unless required by the board of trustees of the school district
pursuant to NRS 391.092 or by the
governing body of the charter school.

(b) The board of trustees of the school district
or the governing body of the charter school may collaborate with entities to
assist in the provision of the instruction and the provision of equipment
necessary for the instruction, including, without limitation, fire departments,
hospitals, colleges and universities and public health agencies.

(c) A pupil who is enrolled in a course of study
in health through a program of distance education or a pupil with a disability
who cannot perform the tasks included in the instruction is not required to
complete the instruction to pass the course of study in health.

(b) The governing body of each regional training
program for the professional development of teachers and administrators.

3. The Department shall provide to the
governing body of each charter school the model curriculum developed pursuant
to subsection 1 for the grade levels taught at the charter school.

4. The board of trustees of each school
district shall make available to each public school within the school district
the model curriculum for the grade levels taught at the public school.

5. The model curriculum may be used as a
guide by teachers and administrators in developing class lesson plans to ensure
compliance with the academic standards adopted for English language arts and
mathematics.

6. The governing body of each regional
training program for the professional development of teachers and
administrators may use the model curriculum in the provision of training to
teachers and administrators to ensure compliance with the academic standards
adopted for English language arts and mathematics.

1. The State Board shall adopt regulations
that prescribe a uniform grading scale for all public high schools, including,
without limitation, a uniform grading scale for advanced placement courses and
honors courses.

2. The board of trustees of each school
district and the governing body of each charter school that operates as a high
school shall comply with the uniform grading scale.

1. In all public schools, the Caliente
Youth Center, the Nevada Youth Training Center and any other state facility for
the detention of children that is operated pursuant to title 5 of NRS,
instruction must be given in American government, including, without
limitation, instruction on:

(a) The essentials of:

(1) The Constitution of the United States,
including, without limitation, the Bill of Rights;

(2) The Constitution of the State of
Nevada; and

(3) The Declaration of Independence;

(b) The origin and history of the Constitutions;

(c) The study of and devotion to American
institutions and ideals; and

(d) Civics.

2. Except as otherwise provided in NRS 392A.100, the instruction required
in subsection 1 must be given during at least 1 year of the elementary school
grades and for a period of at least 1 year in all high schools.

NRS 389.035Satisfactory completion of courses in American government and
American history required for graduation; exception for certain pupils.

1. Except as otherwise provided in
subsections 2 and 3, no pupil in any public high school, the Caliente Youth
Center, the Nevada Youth Training Center or any other state facility for the
detention of children that is operated pursuant to title 5 of NRS may receive a
certificate or diploma of graduation without having passed a course in American
government and American history as required by NRS
389.020 and 389.030.

2. A pupil who is enrolled in a university
school for profoundly gifted pupils who meets the requirements of NRS 392A.100 is exempt from the
provisions of subsection 1.

3. A pupil who transfers during grade 12
to a school in this State from a school outside this State because of the
military transfer of the parent or legal guardian of the pupil may receive a
waiver from the requirements of subsection 1 if, in accordance with the
provisions of NRS 392C.010, the
pupil:

(a) Successfully completed a comparable course in
the school in which the pupil was previously enrolled; or

(b) Successfully completes an alternative means
prescribed by the school district for acquiring the required course work.

NRS 389.040Patriotic observance.Each
public school shall set aside appropriate time at the beginning of each school
day for pupils to pledge their allegiance to the flag of the United States. In
addition, each public school may set aside appropriate time during the school
day for additional patriotic observance.

NRS 389.045Course of study designed to assist pupils with passing high
school proficiency examination; board of trustees authorized to offer course as
elective.Repealed. (See chapter
506, Statutes of Nevada 2013, at page 3295.)

(b) Four representatives, one from each of four
of the following professions or occupations:

(1) Medicine or nursing;

(2) Counseling;

(3) Religion;

(4) Pupils who attend schools in the
district; or

(5) Teaching.

Ê This
committee shall advise the district concerning the content of and materials to
be used in a course of instruction established pursuant to this section, and
the recommended ages of the pupils to whom the course is offered. The final decision
on these matters must be that of the board of trustees.

3. The subjects of the courses may be
taught only by a teacher or school nurse whose qualifications have been
previously approved by the board of trustees.

4. The parent or guardian of each pupil to
whom a course is offered must first be furnished written notice that the course
will be offered. The notice must be given in the usual manner used by the local
district to transmit written material to parents, and must contain a form for
the signature of the parent or guardian of the pupil consenting to the pupil’s
attendance. Upon receipt of the written consent of the parent or guardian, the
pupil may attend the course. If the written consent of the parent or guardian
is not received, the pupil must be excused from such attendance without any
penalty as to credits or academic standing. Any course offered pursuant to this
section is not a requirement for graduation.

5. All instructional materials to be used
in a course must be available for inspection by parents or guardians of pupils
at reasonable times and locations before the course is taught, and appropriate
written notice of the availability of the material must be furnished to all
parents and guardians.

1. The board of trustees of each school
district and the governing body of each charter school that operates as a high
school shall ensure that instruction on financial literacy is provided to
pupils enrolled in each public high school within the school district or in the
charter school, as applicable. The instruction must include, without
limitation:

NRS 389.090Automobile drivers’ education: Regulations by State Board;
purposes; liability insurance required; content of courses; restrictions on age
of pupils.

1. The State Board shall adopt regulations
governing the establishment, conduct and scope of automobile drivers’ education
in the public schools of this State. The regulations must set forth, without
limitation:

(a) The number of hours of training that must be
completed by a pupil who enrolls in a course in automobile drivers’ education;

(b) That a course in automobile drivers’
education:

(1) Must include a component of training
conducted in a classroom; and

(2) May, in addition to the component of
training conducted in a classroom, include a component of training conducted in
a motor vehicle; and

(c) That if a course in automobile drivers’
education includes components of training conducted both in a classroom and in
a motor vehicle:

(1) One hour of training in a motor
vehicle is equivalent to 3 hours of training in a classroom; and

(2) Not more than one-half of the required
number of hours of training described in paragraph (a) may be training in a
motor vehicle.

2. The aims and purposes of automobile
drivers’ education are to develop the knowledge, attitudes, habits and skills
necessary for the safe operation of motor vehicles.

3. The board of trustees of a school
district may establish and maintain courses in automobile drivers’ education
during regular semesters and summer sessions and during the regular school day
and at times other than during the regular school day for:

(a) Pupils enrolled in the regular full-time day
high schools in the school district.

(b) Pupils enrolled in summer classes conducted
in high schools in the school district.

Ê A board of
trustees maintaining courses in automobile drivers’ education shall insure
against any liability arising out of the use of motor vehicles in connection
with those courses. The cost of the insurance must be paid from available money
of the school district.

4. A governing body of a charter school
may establish and maintain courses in automobile drivers’ education if the
governing body insures against any liability arising out of the use of motor
vehicles in connection with those courses.

5. Automobile drivers’ education must be
provided by boards of trustees of school districts and governing bodies of
charter schools in accordance with the regulations of the State Board and may
not be duplicated by any other agency, department, commission or officer of the
State of Nevada.

6. Each course in automobile drivers’
education provided by a board of trustees of a school district or a governing
body of a charter school must include, without limitation, instruction in:

(a) Motor vehicle insurance.

(b) The effect of drugs and alcohol on an
operator of a motor vehicle.

7. Each course in automobile drivers’
education provided by a board of trustees of a school district or a governing
body of a charter school must be restricted to pupils who are at least 15 years
of age.

(a) That the successful completion of an approved
automobile drivers’ education course by a pupil offers a direct financial
benefit to the pupil’s parents or other responsible adult through the reduction
of insurance premiums.

(b) That the imposition of a laboratory fee as a
prerequisite to an elective course in driver education does not violate the
requirements of Article 11 of the
Constitution of the State of Nevada.

2. The board of trustees of any school
district and the governing body of any charter school may establish a laboratory
fee to be charged each pupil enrolling for an automobile drivers’ education
course which must not exceed the actual cost per pupil of providing the
laboratory portion of the course.

NRS 389.150Programs and curricula for American Indians.The Superintendent of Public Instruction,
working with the American Indian tribes, shall establish programs and curricula
designed to meet the special educational needs of American Indians in this state.

(c) Enrolled in a program designed to meet the
requirements for an adult standard diploma; or

(d) Except as otherwise provided in subsection 4,
who has been suspended or expelled from a public school,

Ê may complete
any required or elective course by independent study outside of the normal
classroom setting. A program of independent study provided pursuant to this
section may be offered through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

2. The regulations must:

(a) Require that:

(1) The teacher of the course assign to
the pupil the work assignments necessary to complete the course; and

(2) For each course in which the pupil is
enrolled, the pupil and the teacher of the course meet or otherwise communicate
with each other at least once each week for the duration of the course to
discuss the pupil’s progress; or

(b) Require that the program of independent study
satisfies the requirements of a plan to operate an alternative program of education
submitted by the school district and approved pursuant to NRS 388.537.

3. The board of trustees of a school
district may, in accordance with the regulations adopted pursuant to subsections
1 and 2, provide for independent study by the pupils described in subsection 1.

4. A program of independent study offered
pursuant to this section must not allow a pupil who has been suspended or
expelled from a public school to attend that public school during the period of
his or her suspension or expulsion.

NRS 389.160Credit toward graduation from high school for courses taken at
community college or university.

1. A pupil enrolled in high school,
including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a
charter school or a pupil enrolled in a program designed to meet the
requirements of an adult standard diploma, who successfully completes a course
of education offered by a community college or university in this State which
has been approved pursuant to subsection 2, must be allowed to apply the credit
received for the course so completed to the total number of credits required
for graduation from the high school or the charter school in which the pupil is
enrolled or the credits required for receipt of an adult standard diploma, as
applicable.

2. With the approval of the State Board,
the board of trustees of each county school district and the governing body of
each charter school shall prescribe the courses for which credits may be
received pursuant to subsection 1, including occupational courses for academic
credit, and the amount of credit allowed for the completion of those courses.

NRS 389.165Credit toward graduation from high school for certain community
service projects.

1. A pupil enrolled in high school who
successfully completes a community service project which has been approved
pursuant to this section must be allowed to apply not more than one credit
received for the completion of the project toward the total number of credits
required for graduation from high school. The credit must be applied toward the
pupil’s elective course credits and not toward a course that is required for
graduation from high school. A pupil may not receive credit for the completion
of a community service project if the project duplicates a course of study in
which the pupil has received instruction.

2. With the approval of the State Board,
the board of trustees of each school district shall prescribe for the district
the:

(a) Community service projects for which credit
will be granted;

(b) Amount of credit which will be granted upon
completion of each project;

(c) Rules regarding how a pupil may apply for
such credit upon completion of a community service project; and

(d) Procedures for obtaining the consent of a
parent or legal guardian of a pupil before the pupil may participate in a
community service project for which credit will be granted.

NRS 389.167Credit toward graduation from high school for completion of
public or private internship; duties of school district or charter school.

1. A pupil enrolled in grade 11 or 12 at a
public school who is at least 16 years of age must be allowed to apply not more
than one credit toward the total number of credits required for graduation from
high school if the pupil successfully completes a public or private internship
which has been approved pursuant to subsection 2 and which is of a duration of
not less than 60 hours in a school year. The credit must be applied toward the
pupil’s elective course credits and not toward a course that is required for
graduation from high school.

2. If the board of trustees of a school
district or the governing body of a charter school obtains the approval of the
State Board, the board of trustees or the governing body may authorize pupils
enrolled in the school district or charter school who satisfy the
qualifications prescribed pursuant to subparagraph (2) of paragraph (a) to
participate in a public or private internship for the purpose of obtaining
credit pursuant to subsection 1. If a board of trustees or governing body of a
charter school authorizes the participation in a public or private internship,
the board of trustees or governing body shall:

(a) Prescribe:

(1) The fields, trades or occupations in
which a pupil may complete a public or private internship, including, without
limitation, agriculture, medical and health sciences, manufacturing and
construction;

(2) The qualifications of a pupil for
participation in a public or private internship;

(3) The manner in which a qualified pupil
must apply for participation in a public or private internship; and

(4) The manner for verifying that a pupil
has completed the requisite number of hours to qualify for credit; and

(b) Establish and maintain a nonexclusive list of
participating businesses, agencies and organizations which offer the employment
and supervision of pupils for the purposes of obtaining academic credit in a
public or private internship pursuant to this section.

NRS 389.171Credit granted for performance on examination in lieu of course
attendance.

1. A pupil may be granted credit for a
specific course of study without having attended the regularly scheduled
classes in the course if the pupil demonstrates his or her proficiency to meet
the:

(a) Objectives of the course through the pupil’s
performance on an examination prescribed by the State Board;

(b) Objectives of a particular area or areas of
the course in which the pupil is deficient through the pupil’s performance on
an examination developed by the principal and the pupil’s teacher who provides
instruction in the course that is designed to measure the proficiency of the
pupil in that particular area or areas; or

(c) Objectives of the course through the pupil’s
performance on an examination that the principal determines is as rigorous or
more rigorous than the examination prescribed by the State Board pursuant to
paragraph (a), including, without limitation, an advanced placement examination
in the subject area of the course.

2. The State Board shall adopt regulations
that prescribe the:

(a) Form on which a pupil may apply to the board
of trustees of a school district in which the pupil attends school to be
granted credit pursuant to subsection 1;

(b) Courses of study for which pupils may be
granted credit pursuant to subsection 1; and

(c) Minimum score on the examination prescribed
pursuant to paragraph (a) of subsection 1 that is required to demonstrate
proficiency in a course.

1. The State Board shall, by regulation,
establish a course of study in occupational guidance and counseling.

2. The board of trustees of each school
district shall establish the curriculum for the course of study in that district.
The curriculum must be organized and, with the assistance of teachers,
administrators, pupils, parents and the business community, coordinated by
licensed school counselors who shall provide instruction and activities
designed to:

(a) Promote normal growth and development.

(b) Promote positive mental and physical health.

(c) Provide each pupil with knowledge and skills
which permit the pupil to control his or her own destiny.

(d) Assist each pupil to plan, monitor and manage
the pupil’s personal, educational and occupational development.

(e) Meet the immediate needs and concerns of each
pupil, whether the pupil’s needs or concerns require counseling, consultation,
referral or information.

(f) Provide counselors, teachers and support
staff with the knowledge and skills required to maintain and improve the
course.

(g) Provide such other related assistance and
instruction as is deemed necessary.

3. The instruction required by this
section must be made available for each pupil in grades 7 to 12, inclusive.

4. The board of trustees in each school
district shall organize and offer the curriculum within the limits of money
made available to the district by the Legislature for that purpose.

NRS 389.505Superintendent of Public Instruction required to ensure Council
carries out duties successfully.The
Superintendent of Public Instruction is responsible for ensuring that the
duties and responsibilities of the Council set forth in NRS
389.500 to 389.570, inclusive, are carried out
by the Council successfully.

1. The Council to Establish Academic
Standards for Public Schools, consisting of eight members, is hereby created.
The membership of the Council consists of:

(a) Four members appointed by the Governor in
accordance with subsection 2;

(b) Two members appointed by the Majority Leader
of the Senate in accordance with subsection 3; and

(c) Two members appointed by the Speaker of the
Assembly in accordance with subsection 3.

2. The Governor shall ensure that:

(a) Two of the members appointed by the Governor
to the Council are parents or legal guardians of pupils who attend public
schools. These members must not otherwise be affiliated with the public school
system of this State.

(b) Two of the members appointed by the Governor
to the Council are licensed educational personnel.

(c) Insofar as practicable, the members appointed
by the Governor to the Council reflect the ethnic and geographical diversity of
this State.

3. The Majority Leader of the Senate and
the Speaker of the Assembly shall each ensure that:

(a) One of the members whom he or she appoints to
the Council is a member of the House of the Legislature to which he or she
belongs.

(b) The other member whom he or she appoints to
the Council is a representative of a private business or industry that may be
affected by actions taken by the Council.

4. Each member of the Council must be a
resident of this State.

5. After the initial terms, the term of each
member of the Council is 4 years. The person who appoints a member to the
Council may remove that member if the member neglects his or her duty or
commits malfeasance in office, or for other just cause. A vacancy in the
membership of the Council must be filled for the remainder of the unexpired
term in the same manner as the original appointment. A member shall continue to
serve on the Council until his or her successor is appointed.

6. The Governor shall select a Chair from
among the membership of the Council in accordance with this subsection. The
Governor shall not select as Chair a member of the Council who is affiliated
with the public school system in this State, except that this subsection does
not preclude the Governor from selecting a parent or legal guardian of a pupil
as Chair if the parent or legal guardian is not otherwise affiliated with the
public school system in this State. Once selected by the Governor, the Chair
holds that office for 2 years.

7. For each day or portion of a day during
which a member of the Council who is a Legislator attends a meeting of the
Council or is otherwise engaged in the work of the Council, except during a
regular or special session of the Legislature, the Legislator is entitled to
receive the:

(a) Compensation provided for a majority of the
members of the Legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state
officers and employees generally; and

NRS 389.520Council to Establish Academic Standards: Establishment of
standards; periodic review of standards; adoption of standards by State Board;
establishment of policy for ethical, safe and secure use of computers.

1. The Council shall:

(a) Establish standards of content and
performance, including, without limitation, a prescription of the resulting
level of achievement, for the grade levels set forth in subsection 3, based
upon the content of each course, that is expected of pupils for the following courses
of study:

(1) English, including reading,
composition and writing;

(2) Mathematics;

(3) Science;

(4) Social studies, which includes only
the subjects of history, geography, economics and government;

(5) The arts;

(6) Computer education and technology;

(7) Health; and

(8) Physical education.

(b) Establish a schedule for the periodic review
and, if necessary, revision of the standards of content and performance. The
review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the
examinations administered pursuant to NRS 389.550.

(c) Assign priorities to the standards of content
and performance relative to importance and degree of emphasis and revise the
standards, if necessary, based upon the priorities.

2. The standards for computer education
and technology must include a policy for the ethical, safe and secure use of
computers and other electronic devices. The policy must include, without
limitation:

(a) The ethical use of computers and other
electronic devices, including, without limitation:

(1) Rules of conduct for the acceptable
use of the Internet and other electronic devices; and

(2) Methods to ensure the prevention of:

(I) Cyber-bullying;

(II) Plagiarism; and

(III) The theft of information or
data in an electronic form;

(b) The safe use of computers and other
electronic devices, including, without limitation, methods to:

(2) Recognize when an on-line electronic
communication is dangerous or potentially dangerous; and

(3) Report a dangerous or potentially
dangerous on-line electronic communication to the appropriate school personnel;

(c) The secure use of computers and other
electronic devices, including, without limitation:

(1) Methods to maintain the security of
personal identifying information and financial information, including, without
limitation, identifying unsolicited electronic communication which is sent for
the purpose of obtaining such personal and financial information for an
unlawful purpose;

(2) The necessity for secure passwords or
other unique identifiers;

(3) The effects of a computer contaminant;

(4) Methods to identify unsolicited
commercial material; and

(5) The dangers associated with social
networking Internet sites; and

(d) A designation of the level of detail of
instruction as appropriate for the grade level of pupils who receive the
instruction.

3. The Council shall establish standards
of content and performance for each grade level in kindergarten and grades 1 to
8, inclusive, for English and mathematics. The Council shall establish
standards of content and performance for the grade levels selected by the
Council for the other courses of study prescribed in subsection 1.

4. The Council shall forward to the State
Board the standards of content and performance established by the Council for
each course of study. The State Board shall:

(a) Adopt the standards for each course of study,
as submitted by the Council; or

(b) If the State Board objects to the standards
for a course of study or a particular grade level for a course of study, return
those standards to the Council with a written explanation setting forth the
reason for the objection.

5. If the State Board returns to the
Council the standards of content and performance for a course of study or a
grade level, the Council shall:

(a) Consider the objection provided by the State
Board and determine whether to revise the standards based upon the objection;
and

(b) Return the standards or the revised
standards, as applicable, to the State Board.

Ê The State
Board shall adopt the standards of content and performance or the revised
standards, as applicable.

6. The Council shall work in cooperation
with the State Board to prescribe the examinations required by NRS 389.550.

7. As used in this section:

(a) “Computer contaminant” has the meaning
ascribed to it in NRS 205.4737.

NRS 389.540Review of courses of study to determine compliance with
standards.The board of trustees
of each school district shall conduct a periodic review of the courses of study
offered in the public schools of the school district to determine whether the
courses of study comply with the standards of content and performance
established by the Council pursuant to NRS 389.520
and if revision of the courses of study is necessary to ensure compliance.

1. The State Board shall, in consultation
with the Council, prescribe examinations that comply with 20 U.S.C. §
6311(b)(3) and that measure the achievement and proficiency of pupils:

(a) For grades 3, 4, 5, 6, 7 and 8 in the
standards of content established by the Council for the subjects of English and
mathematics.

(b) For grades 5 and 8, in the standards of
content established by the Council for the subject of science.

Ê The
examinations prescribed pursuant to this subsection must be written, developed,
printed and scored by a nationally recognized testing company.

2. In addition to the examinations
prescribed pursuant to subsection 1, the State Board shall, in consultation
with the Council, prescribe a writing examination for grades 5 and 8.

3. The board of trustees of each school
district and the governing body of each charter school shall administer the
examinations prescribed by the State Board. The examinations must be:

(a) Administered to pupils in each school
district and each charter school at the same time during the spring semester,
as prescribed by the State Board.

(b) Administered in each school in accordance
with uniform procedures adopted by the State Board. The Department shall
monitor the school districts and individual schools to ensure compliance with
the uniform procedures.

(c) Administered in each school in accordance
with the plan adopted pursuant to NRS 389.616 by
the Department and with the plan adopted pursuant to NRS
389.620 by the board of trustees of the school district in which the
examinations are administered. The Department shall monitor the compliance of
school districts and individual schools with:

(1) The plan adopted by the Department;
and

(2) The plan adopted by the board of
trustees of the applicable school district, to the extent that the plan adopted
by the board of trustees of the school district is consistent with the plan
adopted by the Department.

NRS 389.560Reporting of results of examinations; reconciliation of number
of pupils taking examinations.Repealed.
(See chapter 379, Statutes of Nevada 2013, at page 2042.)

NRS 389.570Council required to review and evaluate results of examinations;
report of evaluation.

1. The Council shall review the results of
pupils on the examinations administered pursuant to NRS
389.550, including, without limitation, for each school in a school
district and each charter school that is located within a school district, a
review of the results for the current school year and a comparison of the
progress, if any, made by the pupils enrolled in the school from preceding
school years.

2. After the completion of the review
pursuant to subsection 1, the Council shall evaluate:

(a) Whether the standards of content and performance
established by the Council require revision; and

(b) The success of pupils, as measured by the
results of the examinations, in achieving the standards of performance
established by the Council.

3. The Council shall report the results of
the evaluation conducted pursuant to subsection 2 to the State Board and the
Legislative Committee on Education.

NRS 389.600Definitions.As
used in NRS 389.600 to 389.648,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 389.604, 389.608
and 389.612 have the meanings ascribed to them in
those sections.

NRS 389.604“Irregularity in testing administration” defined.“Irregularity in testing administration” means
the failure to administer an examination to pupils pursuant to NRS 389.550 or 389.805 or
the college and career readiness assessment pursuant to NRS
389.807 in the manner intended by the person or entity that created the
examination or assessment.

NRS 389.608“Irregularity in testing security” defined.“Irregularity in testing security” means an
act or omission that tends to corrupt or impair the security of an examination
administered to pupils pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment
administered pursuant to NRS 389.807, including,
without limitation:

1. The failure to comply with security
procedures adopted pursuant to NRS 389.616 or 389.620;

2. The disclosure of questions or answers
to questions on an examination or assessment in a manner not otherwise approved
by law; and

3. Other breaches in the security or
confidentiality of the questions or answers to questions on an examination or
assessment.

NRS 389.616Adoption and enforcement of plan for test security by Department;
contents of plan; annual submission of plan to State Board and Legislative
Committee on Education.

1. The Department shall, by regulation or
otherwise, adopt and enforce a plan setting forth procedures to ensure the
security of examinations that are administered to pupils pursuant to NRS 389.550 and 389.805
and the college and career readiness assessment administered pursuant to NRS 389.807.

2. A plan adopted pursuant to subsection 1
must include, without limitation:

(a) Procedures pursuant to which pupils, school
officials and other persons may, and are encouraged to, report irregularities
in testing administration and testing security.

(b) Procedures necessary to ensure the security
of test materials and the consistency of testing administration.

(c) Procedures that specifically set forth the
action that must be taken in response to a report of an irregularity in testing
administration or testing security and the actions that must be taken during an
investigation of such an irregularity. For each action that is required, the
procedures must identify:

(1) By category, the employees of the
school district, charter school or Department, or any combination thereof, who
are responsible for taking the action; and

(2) Whether the school district, charter
school or Department, or any combination thereof, is responsible for ensuring
that the action is carried out successfully.

(d) Objective criteria that set forth the
conditions under which a school, including, without limitation, a charter
school or a school district, or both, is required to file a plan for corrective
action in response to an irregularity in testing administration or testing
security for the purposes of NRS 389.636.

3. A copy of the plan adopted pursuant to
this section and the procedures set forth therein must be submitted on or
before September 1 of each year to:

(a) The State Board; and

(b) The Legislative Committee on Education,
created pursuant to NRS 218E.605.

NRS 389.620Adoption and enforcement of plan for test security by board of
trustees; contents of plan; annual submission of plan to State Board and
Legislative Committee on Education; written notice concerning plan to
educational personnel, pupils and parents; definitions.

1. The board of trustees of each school
district shall, for each public school in the district, including, without
limitation, charter schools, adopt and enforce a plan setting forth procedures
to ensure the security of examinations and assessments.

2. A plan adopted pursuant to subsection 1
must include, without limitation:

(a) Procedures pursuant to which pupils, school
officials and other persons may, and are encouraged to, report irregularities
in testing administration and testing security.

(b) Procedures necessary to ensure the security
of test materials and the consistency of testing administration.

(c) With respect to secondary schools, procedures
pursuant to which the school district or charter school, as appropriate, will
verify the identity of pupils taking an examination or assessment.

(d) Procedures that specifically set forth the
action that must be taken in response to a report of an irregularity in testing
administration or testing security and the action that must be taken during an
investigation of such an irregularity. For each action that is required, the
procedures must identify, by category, the employees of the school district or
charter school who are responsible for taking the action and for ensuring that
the action is carried out successfully.

Ê The
procedures adopted pursuant to this subsection must be consistent, to the
extent applicable, with the procedures adopted by the Department pursuant to NRS 389.616.

3. A copy of each plan adopted pursuant to
this section and the procedures set forth therein must be submitted on or
before September 1 of each year to:

(a) The State Board; and

(b) The Legislative Committee on Education,
created pursuant to NRS 218E.605.

4. On or before September 30 of each
school year, the board of trustees of each school district and the governing
body of each charter school shall provide a written notice regarding the
examinations and assessments to all teachers and educational personnel employed
by the school district or governing body, all personnel employed by the school
district or governing body who are involved in the administration of the
examinations and assessments, all pupils who are required to take the
examinations or assessments and all parents and legal guardians of such pupils.
The written notice must be prepared in a format that is easily understood and
must include, without limitation, a description of the:

(a) Plan adopted pursuant to this section; and

(b) Action that may be taken against personnel
and pupils for violations of the plan or for other irregularities in testing
administration or testing security.

5. As used in this section:

(a) “Assessment” means the college and career
readiness assessment administered to pupils enrolled in grade 11 pursuant to NRS 389.807.

(b) “Examination” means:

(1) The examinations that are administered
to pupils pursuant to NRS 389.550 or 389.805; and

(2) Any other examinations which measure
the achievement and proficiency of pupils and which are administered to pupils
on a district-wide basis.

(c) “Irregularity in testing administration”
means the failure to administer an examination or assessment in the manner
intended by the person or entity that created the examination or assessment.

(d) “Irregularity in testing security” means an
act or omission that tends to corrupt or impair the security of an examination
or assessment, including, without limitation:

(1) The failure to comply with security
procedures adopted pursuant to this section or NRS
389.616;

(2) The disclosure of questions or answers
to questions on an examination or assessment in a manner not otherwise approved
by law; and

(3) Other breaches in the security or
confidentiality of the questions or answers to questions on an examination or
assessment.

NRS 389.624Violation of state or district plan: Duty of Department to
investigate; authority of Department to issue subpoenas; enforcement of
subpoena by court.

1. If the Department:

(a) Has reason to believe that a violation of the
plan adopted pursuant to NRS 389.616 may have
occurred;

(b) Has reason to believe that a violation of the
plan adopted pursuant to NRS 389.620 may have
occurred with respect to an examination that is administered pursuant to NRS 389.550 or 389.805 or
the college and career readiness assessment administered pursuant to NRS 389.807; or

(c) Receives a request pursuant to subparagraph
(2) of paragraph (b) of subsection 1 of NRS 389.628
to investigate a potential violation of the plan adopted pursuant to NRS 389.620 with respect to an examination that is
administered pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment
administered pursuant to NRS 389.807,

Ê the
Department shall investigate the matter as it deems appropriate.

2. If the Department investigates a matter
pursuant to subsection 1, the Department may issue a subpoena to compel the
attendance or testimony of a witness or the production of any relevant
materials, including, without limitation, books, papers, documents, records,
photographs, recordings, reports and tangible objects.

3. If a witness refuses to attend, testify
or produce materials as required by the subpoena, the Department may report to
the district court by petition, setting forth that:

(a) Due notice has been given of the time and
place of attendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the
Department pursuant to this section; and

(c) The witness has failed or refused to attend,
testify or produce materials before the Department as required by the subpoena,
or has refused to answer questions propounded to him or her,

Ê and asking
for an order of the court compelling the witness to attend, testify or produce
materials before the Department.

4. Upon receipt of such a petition, the
court shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in its order, the time to be not more
than 10 days after the date of the order, and then and there show cause why the
witness has not attended, testified or produced materials before the Department.
A certified copy of the order must be served upon the witness.

5. If it appears to the court that the
subpoena was regularly issued by the Department, the court shall enter an order
that the witness appear before the Department at a time and place fixed in the
order and testify or produce materials, and that upon failure to obey the order
the witness must be dealt with as for contempt of court.

NRS 389.628Violation of district plan: Duty of board of trustees to
investigate or refer to Department; authority of board of trustees to issue
subpoenas; enforcement of subpoena by court.

1. If a school official has reason to
believe that a violation of the plan adopted pursuant to NRS
389.620 may have occurred, the school official shall immediately report the
incident to the board of trustees of the school district. If the board of
trustees of a school district has reason to believe that a violation of the
plan adopted pursuant to NRS 389.620 may have
occurred, the board of trustees shall:

(a) If the violation is with respect to an
examination administered pursuant to NRS 389.550 or
389.805 or the college and career readiness
assessment administered pursuant to NRS 389.807,
immediately report the incident to the Department orally or in writing followed
by a comprehensive written report within 14 school days after the incident
occurred; and

(b) Cause to be commenced an investigation of the
incident. The board of trustees may carry out the requirements of this
paragraph by:

(1) Investigating the incident as it deems
appropriate, including, without limitation, using the powers of subpoena set
forth in this section.

(2) With respect to an examination that is
administered pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment
administered pursuant to NRS 389.807, requesting
that the Department investigate the incident pursuant to NRS
389.624.

Ê The fact
that a board of trustees elects initially to carry out its own investigation
pursuant to subparagraph (1) of paragraph (b) does not affect the ability of
the board of trustees to request, at any time, that the Department investigate
the incident as authorized pursuant to subparagraph (2) of paragraph (b).

2. Except as otherwise provided in this
subsection, if the board of trustees of a school district proceeds in
accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of
trustees may issue a subpoena to compel the attendance or testimony of a
witness or the production of any relevant materials, including, without
limitation, books, papers, documents, records, photographs, recordings, reports
and tangible objects. A board of trustees shall not issue a subpoena to compel
the attendance or testimony of a witness or the production of materials unless
the attendance, testimony or production sought to be compelled is related
directly to a violation or an alleged violation of the plan adopted pursuant to
NRS 389.620.

3. If a witness refuses to attend, testify
or produce materials as required by the subpoena, the board of trustees may
report to the district court by petition, setting forth that:

(a) Due notice has been given of the time and
place of attendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the board
of trustees pursuant to this section; and

(c) The witness has failed or refused to attend,
testify or produce materials before the board of trustees as required by the
subpoena, or has refused to answer questions propounded to him or her,

Ê and asking
for an order of the court compelling the witness to attend, testify or produce
materials before the board of trustees.

4. Upon receipt of such a petition, the
court shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in its order, the time to be not more
than 10 days after the date of the order, and then and there show cause why the
witness has not attended, testified or produced materials before the board of
trustees. A certified copy of the order must be served upon the witness.

5. If it appears to the court that the
subpoena was regularly issued by the board of trustees, the court shall enter
an order that the witness appear before the board of trustees at a time and
place fixed in the order and testify or produce materials, and that upon
failure to obey the order the witness must be dealt with as for contempt of
court.

NRS 389.632Certain schools required to provide for additional
administration of examinations if consecutive irregularities in testing
administration occur; school district or charter school required to pay costs
of additional administration; determination and notice by Department.

1. If the Department determines that:

(a) At least one irregularity in testing
administration occurred at a school, including, without limitation, a charter
school, during 1 school year on the examinations administered pursuant to NRS 389.550;

(b) In the immediately succeeding school year, at
least one additional irregularity in testing administration occurred at that
school on the examinations administered pursuant to NRS
389.550; and

(c) Based upon the criteria set forth in
subsection 2, the irregularities described in paragraphs (a) and (b) warrant an
additional administration of the examinations,

Ê the
Department shall notify the school and the school district in which the school
is located that the school is required to provide for an additional
administration of the examinations to pupils who are enrolled in a grade that
is required to take the examinations pursuant to NRS
389.550 or to the pupils the Department determines must take the additional
administration pursuant to subsection 3. The additional administration must
occur in the same school year in which the irregularity described in paragraph
(b) occurred. Except as otherwise provided in this subsection, the school
district shall pay for all costs related to the administration of examinations
pursuant to this subsection. If a charter school is required to administer
examinations pursuant to this subsection, the charter school shall pay for all
costs related to the administration of the examinations to pupils enrolled in
the charter school.

2. In determining whether to require a
school to provide for an additional administration of examinations pursuant to
this section, the Department shall consider:

(a) The effect of each irregularity in testing
administration, including, without limitation, whether the irregularity
required the scores of pupils to be invalidated; and

(b) Whether sufficient time remains in the school
year to provide for an additional administration of examinations.

3. If the Department determines pursuant
to subsection 2 that a school must provide for an additional administration of
examinations, the Department may consider whether the most recent irregularity
in testing administration affected the test scores of a limited number of
pupils and require the school to provide an additional administration of
examinations pursuant to this section only to those pupils whose test scores
were affected by the most recent irregularity.

4. The Department shall provide as many
notices pursuant to this section during 1 school year as are applicable to the
irregularities occurring at a school. A school shall provide for additional
administrations of examinations pursuant to this section within 1 school year
as applicable to the irregularities occurring at the school.

NRS 389.636Plan for corrective action required of school or school district
in response to irregularity in testing administration or security; notice by
Department; establishment by Department of procedures to document corrective
action; amendment of plan.

1. The Department shall notify the
principal of a school, including, without limitation, a charter school, or the
board of trustees of a school district, as applicable, if the school or the
school district is required to file a plan for corrective action based upon the
objective criteria adopted by the Department pursuant to paragraph (d) of
subsection 2 of NRS 389.616. Upon receipt of such
notice, the school or the school district, as applicable, shall file a plan for
corrective action with the Department within the time prescribed by the
Department. Such a plan must specify the time within which the corrective
action will be taken. The school or the school district, as applicable, shall
commence corrective action pursuant to the plan immediately after the date on
which the plan is filed.

2. The Department shall establish
procedures to document and monitor whether appropriate corrective action is
being taken and whether that action is achieving the desired result. Such
documentation must be maintained and reported in accordance with NRS 389.648.

3. The Department may require a school or
a school district to amend its plan for corrective action if the Department
determines that such amendment is necessary to ensure the security of test
materials and the consistency of testing administration in the school or school
district, as applicable.

NRS 389.644Establishment of program of education and training regarding
administration and security of examinations and assessments; expanded program
authorized; school districts and charter schools required to ensure educational
personnel receive program of education and training.

1. The Department shall establish a
program of education and training regarding the administration and security of
the examinations administered pursuant to NRS 389.550
or 389.805 and the college and career readiness
assessment administered pursuant to NRS 389.807.
Upon approval of the Department, the board of trustees of a school district or
the governing body of a charter school may establish an expanded program of
education and training that includes additional education and training if the
expanded program complies with the program established by the Department.

2. The board of trustees of each school
district and the governing body of each charter school shall ensure that:

(a) All the teachers and other educational
personnel who provide instruction to pupils enrolled in a grade level that is
required to be tested pursuant to NRS 389.550, 389.805 or 389.807, and
all other personnel who are involved with the administration of the
examinations that are administered pursuant to NRS
389.550 or 389.805 or the college and career
readiness assessment administered pursuant to NRS
389.807, receive, on an annual basis, the program of education and training
established by the Department or the expanded program, if applicable; and

(b) The training and education is otherwise
available for all personnel who are not required to receive the training and
education pursuant to paragraph (a).

NRS 389.648Establishment of procedures for uniform documentation and
maintenance of irregularities in testing administration and security;
maintenance by Department of written summary for each irregularity; annual
report by Department required.

1. The Department shall establish
procedures for the uniform documentation and maintenance by the Department of
irregularities in testing administration and testing security reported to the
Department pursuant to NRS 389.628 and
investigations of such irregularities conducted by the Department pursuant to NRS 389.624. The procedures must include, without
limitation:

(a) A method for assigning a unique
identification number to each incident of irregularity; and

(b) A method to ensure that the status of an
irregularity is readily accessible by the Department.

2. In accordance with the procedures
established pursuant to subsection 1, the Department shall prepare and maintain
for each irregularity in testing administration and each irregularity in
testing security, a written summary accompanying the report of the
irregularity. The written summary must include, without limitation:

(a) An evaluation of whether the procedures
prescribed by the Department pursuant to paragraph (c) of subsection 2 of NRS 389.616 were followed in response to the
irregularity;

(b) The corrective action, if any, taken in
response to the irregularity pursuant to NRS 389.636;

(c) An evaluation of whether the corrective
action achieved the desired result; and

(d) The current status and the outcome, if any,
of an investigation related to the irregularity.

3. The Department shall prepare a written
report that includes for each school year:

(a) A summary of each irregularity in testing
administration and testing security reported to the Department pursuant to NRS 389.628 and each investigation conducted pursuant
to NRS 389.624.

(b) A summary for each school that was required
to provide additional administration of examinations pursuant to NRS 389.632. The summary must include, without
limitation:

(1) The identity of the school;

(2) The type of additional examinations
that were administered pursuant to NRS 389.632;

(3) The date on which those examinations
were administered;

(4) A comparison of the results of pupils
on the:

(I) Examinations in which an
additional irregularity occurred in the second school year described in NRS 389.632; and

(c) Each written summary prepared by the
Department pursuant to subsection 2.

(d) The current status of each irregularity that
was reported for a preceding school year which had not been resolved at the
time that the preceding report was filed.

(e) The current status and the outcome, if any,
of an investigation conducted by the Department pursuant to NRS 389.624.

(f) An analysis of the irregularities and
recommendations, if any, to improve the security of the examinations and the
consistency of testing administration.

4. On or before September 1 of each year,
the Department shall submit the report prepared pursuant to subsection 3 for
the immediately preceding school year to the Legislative Committee on Education
created pursuant to NRS 218E.605 and
the State Board.

NRS 389.805State Board required to prescribe criteria for standard high
school diploma; end-of-course examinations and college and career readiness
assessment; exception for certain pupils with disabilities; prohibition to
issue certificate of attendance.

1. A pupil with a disability who does not
satisfy the requirements for receipt of a standard high school diploma may
receive a diploma designated as an adjusted diploma if the pupil satisfies the
requirements set forth in his or her individualized education program. As used
in this subsection, “individualized education program” has the meaning ascribed
to it in 20 U.S.C. § 1414(d)(1)(A).

2. The State Board shall adopt regulations
that prescribe the:

(a) Criteria for a pupil to receive a standard
high school diploma, which must include, without limitation, the requirement
that:

(1) Commencing with the 2014-2015 school
year and each school year thereafter, a pupil enrolled in grade 11 take the
college and career readiness assessment administered pursuant to NRS 389.807;

(2) Commencing with the 2014-2015 school
year and each school year thereafter, a pupil enroll in the courses of study
designed to prepare the pupil for graduation from high school and for readiness
for college and career; and

(3) Commencing with the 2014-2015 school
year and each school year thereafter, a pupil pass at least four end-of-course
examinations prescribed pursuant to paragraph (b).

(b) Courses of study in which pupils must pass
the end-of-course examinations required by subparagraph (3) of paragraph (a),
which must include, without limitation, the subject areas for which the State
Board has adopted the common core standards and which may include any other
courses of study prescribed by the State Board.

(c) The maximum number of times, if any, that a
pupil is allowed to take the end-of-course examinations if the pupil fails to
pass the examinations after the first administration.

3. The criteria prescribed by the State
Board pursuant to subsection 2 for a pupil to receive a standard high school
diploma must not include the results of the pupil on the college and career
readiness assessment administered to the pupil in grade 11 pursuant to NRS 389.807.

4. If a pupil does not satisfy the
requirements prescribed by the State Board to receive a standard high school
diploma, the pupil must not be issued a certificate of attendance or any other
document indicating that the pupil attended high school but did not satisfy the
requirements for such a diploma. The provisions of this subsection do not apply
to a pupil who receives an adjusted diploma pursuant to subsection 1.

NRS 389.807State Board required to select college and career readiness
assessment for grade 11; requirement of pupil to take assessment; results not
used for receipt of diploma; use of results to provide data and information for
pupil.

1. The State Board shall select a college
and career readiness assessment for administration, commencing with the
2014-2015 school year and each school year thereafter, to pupils who are
enrolled in grade 11 in public high schools.

2. Except as otherwise provided in this
subsection, a pupil must take the college and career readiness assessment to
receive a standard high school diploma. The results of a pupil on the
assessment must not be used in the determination of whether the pupil satisfies
the requirements for receipt of a standard high school diploma. A pupil with a
disability may, in accordance with his or her individualized education program,
be exempt from the requirement to take the college and career readiness
assessment.

3. The assessment selected pursuant to
subsection 1 must be:

(a) Administered at the same time during the
school year by the board of trustees of each school district to pupils enrolled
in grade 11 in all public high schools of the school district and by the
governing body of each charter school that enrolls pupils in grade 11, as
prescribed by the State Board, and in accordance with uniform procedures
adopted by the State Board. The Department shall monitor the compliance of the
school districts and individual schools with the uniform procedures and report
to the State Board any instance of noncompliance.

(b) Administered in accordance with the plan
adopted by the Department pursuant to NRS 389.616
and with the plan adopted by the board of trustees of the school district in
which the assessment is administered pursuant to NRS
389.620. The Department shall monitor the compliance of the school
districts and individual schools with:

(1) The plan adopted by the Department;
and

(2) The plan adopted by the board of
trustees of the applicable school district, to the extent that the plan adopted
by the board of trustees of the school district is consistent with the plan
adopted by the Department,

Ê and shall
report to the State Board any instance of noncompliance.

4. The assessment selected pursuant to
subsection 1 must:

(a) Be used to provide data and information to
each pupil who takes the assessment in a manner that allows the pupil to review
the areas of his or her academic strengths and weaknesses, including, without
limitation, areas where additional work in the subject areas tested on the
assessment is necessary to prepare for college and career success without the
need for remediation; and

(b) Allow teachers and other educational
personnel to use the results of a pupil on the assessment to provide
appropriate interventions for the pupil to prepare for college and career
success.

5. The State Board may work in
consultation with the boards of trustees of school districts and, if a charter
school enrolls pupils at a high school grade level, the governing body of the
charter school to develop and implement appropriate plans of remediation for
pupils based upon the results of the pupils on the assessment.

NRS 389.809Department required to develop informational pamphlet concerning
end-of-course examinations and college and career readiness assessment; duties
of school districts and charter schools to post pamphlet and distribute to
pupils and parents.

1. The Department shall develop an informational
pamphlet concerning the end-of-course examinations required pursuant to NRS 389.805 and the college and career readiness
assessment administered pursuant to NRS 389.807 for
pupils who are enrolled in junior high, middle school and high school, and
their parents and legal guardians. The pamphlet must include a written
explanation of the:

(a) Importance of passing the end-of-course
examinations and the importance of taking the college and career readiness
assessment;

(b) Courses of study for which the end-of-course
examinations are administered and the subject areas tested on the college and
career readiness assessment;

(c) Format for the end-of-course examinations and
the college and career readiness assessment, including, without limitation, the
range of items that are contained on the examinations and the assessment; and

(d) Maximum number of times, if any, that a pupil
is allowed to take the end-of-course examinations if the pupil fails to pass
the examinations after the first administration.

2. The Department shall review the
pamphlet on an annual basis and make such revisions to the pamphlet as it
considers necessary to ensure that pupils and their parents or legal guardians
fully understand the end-of-course examinations and the college and career
readiness assessment.

3. On or before September 1, the
Department shall provide a copy of the pamphlet or revised pamphlet to the
board of trustees of each school district and the governing body of each
charter school that includes pupils enrolled in a junior high, middle school or
high school grade level.

4. The board of trustees of each school
district shall provide a copy of the pamphlet to each junior high, middle
school or high school within the school district for posting. The governing
body of each charter school shall ensure that a copy of the pamphlet is posted
at the charter school. Each principal of a junior high, middle school, high
school or charter school shall ensure that the teachers, counselors and
administrators employed at the school fully understand the contents of the
pamphlet.

5. On or before October 1, the:

(a) Board of trustees of each school district
shall provide a copy of the pamphlet to each pupil who is enrolled in a junior
high, middle school or high school of the school district and to the parents or
legal guardians of such a pupil.

(b) Governing body of each charter school shall provide
a copy of the pamphlet to each pupil who is enrolled in the charter school at a
junior high, middle school or high school grade level and to the parents or
legal guardians of such a pupil.

NRS 389.810Issuance of standard high school diploma to certain veterans who
left high school to serve in Armed Forces.

1. Notwithstanding any provision of this
title to the contrary, a person who:

(a) Left high school before graduating to serve
in the Armed Forces of the United States during:

(1) World War II and so served at any time
between September 16, 1940, and December 31, 1946;

(2) The Korean War and so served at any
time between June 25, 1950, and January 31, 1955; or

(3) The Vietnam Era and so served at any
time between January 1, 1961, and May 7, 1975;

(b) Was discharged from the Armed Forces of the
United States under honorable conditions; and

(c) As a result of his or her service in the
Armed Forces of the United States, did not receive a high school diploma,

Ê shall be
deemed to have earned sufficient credits to receive a standard high school
diploma.

2. A school district may, upon request,
issue a standard high school diploma to any person who meets the requirements
set forth in subsection 1. A school district may issue a standard high school
diploma to such a person even if the person:

(a) Holds a general educational development
credential or an equivalent document; or

(b) Is deceased, if the family of the veteran
requests the issuance of the diploma.

3. The State Board and the Department of
Veterans Services shall work cooperatively to establish guidelines for
identifying and issuing standard high school diplomas to persons pursuant to
this section.

4. A person to whom a standard high school
diploma is issued pursuant to this section shall not be deemed to be a pupil
for the purposes of this title.

NRS 389.900Enforcement of contractual penalties or sanctions for failure to
deliver results of examinations on timely basis.If
the Department enters into a contract with a person or entity to score the
results of an examination that is administered to pupils pursuant to NRS 389.550 or 389.805 or
the college and career readiness assessment administered pursuant to NRS 389.807, and the contract sets forth penalties or
sanctions in the event that the person or entity fails to deliver the scored
results to a school district or charter school on a timely basis, the
Department shall ensure that any such penalties or sanctions are fully
enforced.